That’s what happened after North Carolina repealed the Racial Justice Act.
Mother Jones has a new article about how North Carolina has returned Marcus Robinson and three others to death row after their death sentences were vacated under the Racial Justice Act, which PFADP supporters and many others worked hard to achieve. Robinson, the youngest person sentenced to death in North Carolina, is back on death row.
"Racial discrimination in jury selection has been prohibited since it was banned by the Supreme Court in its 1986 Supreme Court decision Batson v. Kentucky, but Robinson’s trial was infected with it. The prosecutor in the case, John Dickson, disproportionately refused eligible black potential jurors. For example, he struck one black potential juror because the man had been once charged with public drunkenness. However, he accepted two 'nonblack' people with DWI convictions. Of the eligible members of the pool, he struck half the black people and only 14 percent of the nonblack members. In the end, Robinson was tried by a 12-person jury that included only three people of color—one Native American individual and two black people. Racial discrimination in jury selection was not uncommon in the North Carolina criminal justice system."